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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                             
                                                                       
                                         )                             
                                                                       
     In the Matter of                    )   File No. EB-07-TC-13259   
                                                                       
     Clean Credit, Inc.                  )   NAL/Acct No. 20093217009  
                                                                       
     Apparent Liability for Forfeiture   )   FRN: 0018140178           
                                                                       
                                         )                             
                                                                       
                                         )                             


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: December 19, 2008 Released: December 19, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Clean Credit, Inc. ("Clean Credit") apparently willfully or
       repeatedly violated section 227 of the Communications Act of 1934, as
       amended ("Act"), and the Commission's related rules and orders, by
       delivering at least twenty-eight unsolicited advertisements to the
       telephone facsimile machines of at least twenty-six consumers. Based
       on the facts and circumstances surrounding these apparent violations,
       we find that Clean Credit is apparently liable for a forfeiture in the
       amount of $126,000.

   II. BACKGROUND

    2. Section 227(b)(1)(C) of the Act makes it "unlawful for any person
       within the United States, or any person outside the United States if
       the recipient is within the United States . . . to use any telephone
       facsimile machine, computer, or other device to send, to a telephone
       facsimile machine, an unsolicited advertisement."  The term
       "unsolicited advertisement" is defined in the Act and the Commission's
       rules as "any material advertising the commercial availability or
       quality of any property, goods, or services which is transmitted to
       any person without that person's prior express invitation or
       permission in writing or otherwise." Under the Commission's rules, an
       "established business relationship" exception permits a party to
       deliver a message to a consumer if the sender has an established
       business relationship with the recipient and the sender obtained the
       number of the facsimile machine through the voluntary communication by
       the recipient, directly to the sender, within the context of the
       established business relationship, or through a directory,
       advertisement, or a site on the Internet to which the recipient
       voluntarily agreed to make available its facsimile number for public
       distribution.

    3. On August 29, 2007, in response to one or more consumer complaints
       alleging that Clean Credit had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to Clean Credit,
       pursuant to section 503(b)(5) of the Act. The Bureau cited Clean
       Credit for using a telephone facsimile machine, computer, or other
       device, to send unsolicited advertisements for unsecured lines of
       credit to a telephone facsimile machine, in violation of section 227
       of the Act and the Commission's related rules and orders. The citation
       warned Clean Credit that subsequent violations could result in the
       imposition of monetary forfeitures of up to $11,000 per violation, and
       included a copy of the consumer complaints that formed the basis of
       the citation. The citation informed Clean Credit that within thirty
       (30) days of the date of the citation, it could either request an
       interview with Commission staff, or could provide a written statement
       responding to the citation. Clean Credit did not request an interview
       or otherwise respond to the citation.

    4. Despite the citation's warning that subsequent violations could result
       in the imposition of monetary forfeitures, we have received additional
       consumer complaints indicating that Clean Credit continued to engage
       in such conduct after issuance of the citation. We base our action
       here specifically on complaints filed by twenty-six consumers
       establishing that Clean Credit continued to send unsolicited
       advertisements to telephone facsimile machines after the date of the
       citation.

    5. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture for each violation of the Act or of any rule, regulation,
       or order issued by the Commission under the Act by a non-common
       carrier or other entity not specifically designated in section 503 of
       the Act. The maximum penalty for such a violation is $11,000 for a
       violation occurring before September 2, 2008, and $16,000 for a
       violation occurring on or after September 2, 2008. In exercising such
       authority, we are to take into account "the nature, circumstances,
       extent, and gravity of the violation and, with respect to the
       violator, the degree of culpability, any history of prior offenses,
       ability to pay, and such other matters as justice may require."

   III. DISCUSSION

   A. Violations of the Commission's Rules Restricting Unsolicited Facsimile
   Advertisements

    6. We find that Clean Credit apparently violated section 227 of the Act
       and the Commission's related rules and orders by using a telephone
       facsimile machine, computer, or other device to send at least
       twenty-eight unsolicited advertisements to the consumers identified in
       the Appendix. This NAL is based on evidence that the consumers
       received unsolicited fax advertisements from Clean Credit after the
       Commission's citation. The facsimile transmission advertised unsecured
       lines of credit. Further, according to the complaints, the consumers
       neither had an established business relationship with Clean Credit nor
       gave Clean Credit permission to send the facsimile transmissions. The
       faxes at issue here therefore fall within the definition of an
       "unsolicited advertisement."  Based on the entire record, including
       the twenty-six consumer complaints, we conclude that Clean Credit
       apparently violated section 227 of the Act and the Commission's
       related rules and orders by sending twenty-eight unsolicited
       advertisements to twenty-six consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Clean Credit is apparently liable for a forfeiture in the
       amount of $126,000. Although the Commission's Forfeiture Policy
       Statement does not establish a base forfeiture amount for violating
       the prohibition against using a telephone facsimile machine to send
       unsolicited advertisements, the Commission has previously considered
       $4,500 per unsolicited fax advertisement to be an appropriate base
       amount. We apply that base amount to the twenty-eight apparent
       violations. Thus, a total forfeiture of $126,000 is proposed. Clean
       Credit will have the opportunity to submit evidence and arguments in
       response to this NAL to show that no forfeiture should be imposed or
       that some lesser amount should be assessed.

   IV. CONCLUSION AND ORDERING CLAUSES

    8. We have determined that Clean Credit, Inc. apparently violated section
       227 of the Act and the Commission's related rules and orders by using
       a telephone facsimile machine, computer, or other device to send at
       least twenty-eight unsolicited advertisements to the twenty-six
       consumers identified in the Appendix. We have further determined that
       Clean Credit, Inc. is apparently liable for a forfeiture in the amount
       of $126,000.

    9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47
       U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80,
       that Clean Credit, Inc. is hereby NOTIFIED of this APPARENT LIABILITY
       FOR A FORFEITURE in the amount of $126,000 for willful or repeated
       violations of section 227(b)(1)(C) of the Communications Act, 47
       U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's
       rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described in
       the paragraphs above.

   10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Clean Credit, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. Payment of the forfeiture must be made by check or similar instrument,
   payable to the order of the Federal Communications Commission. The payment
   must include the NAL/Account Number and FRN Number referenced above.
   Payment by check or money order may be mailed to Federal Communications
   Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
   overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
   SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire
   transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC,
   and account number 27000001. For payment by credit card, an FCC Form 159
   (Remittance Advice) must be submitted.  When completing the FCC Form 159,
   enter the NAL/Account number in block number 23A (call sign/other ID), and
   enter the letters "FORF" in block number 24A (payment type code). Clean
   Credit, Inc. will also send electronic notification on the date said
   payment is made to Johnny.drake@fcc.gov. Requests for full payment under
   an installment plan should be sent to:  Chief Financial Officer --
   Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
   D.C.  20554.   Please contact the Financial Operations Group Help Desk at
   1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding
   payment procedures. 

   12. The response, if any, must be mailed both to the Office of the
   Secretary, Federal Communications Commission, 445 12th Street, SW,
   Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
   Consumers Division, and to Colleen Heitkamp, Chief, Telecommunications
   Consumers Division, Enforcement Bureau, Federal Communications Commission,
   445 12th Street, SW, Washington, DC 20554, and must include the NAL/Acct.
   No. referenced in the caption.

   13. The Commission will not consider reducing or canceling a forfeiture in
   response to a claim of inability to pay unless the petitioner submits: (1)
   federal tax returns for the most recent three-year period; (2) financial
   statements prepared according to generally accepted accounting practices;
   or (3) some other reliable and objective documentation that accurately
   reflects the petitioner's current financial status. Any claim of inability
   to pay must specifically identify the basis for the claim by reference to
   the financial documentation submitted.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture shall be sent by Certified Mail Return Receipt Requested
   and First Class Mail to Clean Credit, Inc., Attention: Christopher Parks,
   President, Amos Baker, Contact, 5332 S. Memorial Drive, Suite 100, Tulsa,
   OK 74145.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX

                        Complainants and Violation Dates


     Complainant received facsimile solicitations   Violation Date(s)  

     Gerri Andreas                                  12/21/07           

     Rick Austin                                    1/7/08             

     Patrick Burns                                  12/24/07           

     Luis Cuevas                                    1/9/08             

     Karen Dooney                                   3/24/08            

     Jan Driessnack                                 1/28/08            

     Ann Eder                                       1/29/08, 3/11/08   

     Anne Flanagan                                  1/27/08, 2/27/08   

     Donna Flaten                                   1/10/08            

     Mary Frank                                     2/2/08             

     Scott Hillabrand                               12/28/07           

     Trevor Marvin                                  1/29/08            

     Ken Meyer                                      1/21/08            

     James Michalik                                 1/14/08            

     John Miller                                    1/10/08            

     Dan Morris                                     1/2/08             

     Terry Ruby                                     2/19/08            

     Marti Scott                                    2/6/08             

     Jhuvette Seals                                 3/3/08             

     William Seeley                                 2/6/08             

     Connie Stinnett                                2/26/08            

     Judy Taylor                                    1/10/08            

     Sandra Turner                                  4/1/08             

     Dennis Vincent                                 12/28/07           

     Gary Whitmire                                  1/18/08            

     Anne Wilson                                    2/25/08            


   See 47 U.S.C. S: 503(b)(1). The Commission has the authority under this
   section of the Act to assess a forfeiture against any person who has
   "willfully or repeatedly failed to comply with any of the provisions of
   this Act or of any rule, regulation, or order issued by the Commission
   under this Act ...." See also 47 U.S.C. S: 503(b)(5) (stating that the
   Commission has the authority under this section of the Act to assess a
   forfeiture penalty against any person who does not hold a license, permit,
   certificate or other authorization issued by the Commission or an
   applicant for any of those listed instrumentalities so long as such person
   (A) is first issued a citation of the violation charged; (B) is given a
   reasonable opportunity for a personal interview with an official of the
   Commission, at the field office of the Commission nearest to the person's
   place of residence; and (C) subsequently engages in conduct of the type
   described in the citation).

   Clean Credit has offices at 5332 S. Memorial Drive, Suite 100, Tulsa, OK
   74145. Christopher Parks is listed as the President of Clean Credit as
   well as the Registered Agent. Amos Baker is listed as the contact person
   for Clean Credit. Accordingly, all references in this NAL to "Clean
   Credit" also encompass the foregoing individuals and all other principals
   and officers of this entity, as well as the corporate entity itself.

   See  47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3);  see also 
   Rules and Regulations Implementing the Telephone Consumer Protection Act
   of 1991, Report and  Order and Third Order on Reconsideration, 21 FCC Rcd
   3787 (2006).

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13).

   An "established business relationship" is defined as a prior or existing
   relationship formed by a voluntary two-way communication "with or without
   an exchange of consideration, on the basis of an inquiry, application,
   purchase or transaction by the business or residential subscriber
   regarding products or services offered by such person or entity, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(5).

   See 47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64(a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No.EB-07-TC-13259, issued to
   Clean Credit on August 29, 2007.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to persons who do not hold a license, permit, certificate or other
   authorization issued by the Commission or an applicant for any of those
   listed instrumentalities for violations of the Act or of the Commission's
   rules and orders).

   Bureau staff mailed the citation to the following address: Clean Credit,
   Inc., Attn: Christopher Parks, 5332 S. Memorial Drive, #100, Tulsa, OK
   74145. See n.2, supra.

   Following the issuance of the citation, the Commission continued to
   receive complaints from consumers alleging that Clean Credit faxed
   unsolicited advertisements to them. These violations, occurring after the
   Commission's citation, resulted in the issuance of a Notice of Apparent
   Liability for Forfeiture against Clean Credit on September 26, 2008, in
   the amount of $13,500. Clean Credit, Inc., Notice of Apparent Liability
   for Forfeiture, DA 08-2142 (Enf. Bur. September 26, 2008).

   See Appendix for a listing of the consumer complaints against Clean Credit
   requesting Commission action.

   We note that evidence of additional instances of unlawful conduct by Clean
   Credit may form the basis of subsequent enforcement action.

   Section 503(b)(2)(C) provides for forfeitures up to $10,000 for each
   violation in cases not covered by subparagraph (A) or (B), which address
   forfeitures for violations by licensees and common carriers, among others.
   See 47 U.S.C. S: 503(b). In accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996,
   Pub. L. 104-134, Sec. 31001, 110 Stat. 1321, the Commission implemented an
   increase of the maximum statutory forfeiture under section 503(b)(2)(C)
   first to $11,000 and more recently to $16,000. See 47 C.F.R. S:1.80(b)(3);
   Amendment of Section 1.80 of the Commission's Rules and Adjustment of
   Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 18221 (2000)
   (forfeiture maximum for this type of violator set at $11,000); Amendment
   of Section 1.80(b) of the Commission's Rules and Adjustment of Forfeiture
   Maxima to Reflect Inflation, 19 FCC Rcd 10945 (2004) (amendment of section
   1.80(b) to reflect inflation left the forfeiture maximum for this type of
   violator at $11,000); Amendment of Section 1.80(b) of the Commission's
   Rules, Adjustment of Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd
   9845 (2008) (amendment of section 1.80(b) to reflect inflation increased
   the forfeiture maximum for this type of violator at $16,000).

   47 U.S.C. S: 503(b)(2)(D); The Commission's Forfeiture Policy Statement
   and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
   Guidelines, Report and Order, 12 FCC Rcd 17087, 17100-01 para. 27 (1997)
   (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999).

   See, e.g., complaint dated January 7, 2008, from Rick Austin (stating that
   he has never done business with the fax advertiser, never made an inquiry
   or application to the fax advertiser and never given permission for the
   fax advertiser to fax an advertisement to him). The complainants involved
   in this action are listed in the Appendix.

   See 47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13) (definition
   previously at S: 64.1200(f)(10)).

   See  Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC
   Rcd 1805 (1999); Get-Aways, Inc., Forfeiture Order, 15 FCC Rcd 4843
   (2000); see also US Notary, Inc., Notice of Apparent Liability for
   Forfeiture, 15 Rcd 16999 (2000); US Notary, Inc., Forfeiture Order, 16 FCC
   Rcd 18398 (2001); Tri-Star Marketing, Inc., Notice of Apparent Liability
   For Forfeiture, 15 FCC Rcd 11295 (2000); Tri-Star Marketing, Inc.,
   Forfeiture Order, 15 FCC Rcd 23198 (2000).

   See  47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).

   47 C.F.R. S: 1.80.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 08-274

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   Federal Communications Commission FCC 08-274